12.
The Indonesian Government, particularly the Minister of Forestry, Minister of Energy
and Mineral Resources, Head of the National Land Agency, regional governments,
and district heads, have the authority to lease state lands to corporations and
government bodies through concessions. Many agrarian concessions take the form of
logging, mining, plantations, conservation schemes, transmigration and infrastructure
projects within adat lands and territories. As large-scale investments on land
concessions encroached on the lands of rural communities, land speculation activities
became widespread. As a result many local communities were alienated from their
lands with little benefits from the projects. In summary, there is a long history of
grievances and conflicts related to land and concessions in Indonesia, which continue
to pose serious challenges for the country. Komnas HAM identified increasing
recognition that improved land tenure and protection of the customary rights of the
masyarakat adat are critical to the country‟s conflict prevention and inclusive
development.
13.
There are various processes through which their customary lands and forests are
officially recognized. The first legal process is recognition of the masyarakat adat.
According to several laws and regulations and legal practices, the legal recognition
may be ruled through (1) a general district or provincial regulation for all indigenous
communities within its jurisdiction, (2) a specific district or provincial regulation for
a particular community, (3) an administrative decree, (4) Court decision, and (5) a
legal contract. Moreover, the process for legal recognition of customary lands and
forest which are located within designated forest areas are more complicated. The
process become more difficult once the forest areas already gazette or legalized.
Following the legal recognition of the communities, The District Head should submit
a recommendation letter over the status of the lands and forests to the Ministry of
Forestry. Then the Minister will make the final decision. Komnas HAM identified
several customary lands and forest recognition by various district governments,
however the number of benefitted communities and total designated areas far too
small compare to the overall populations and the land they claim.
14.
In addition to contested claims between indigenous peoples and state institutions over
natural resources, there are many more land conflicts affecting other local
communities in Indonesia. Komnas HAM receive more than six thousands complaints
annually, and the land issues have been the highest number among many other
complaints. There are 1198 land cases from a total of 6493 complaints in 2013, 1213
land cases from a total of 6284 complaints 2012 and 1064 land cases from a total of
6358 complaints in 2011. Some of the land cases were reported by indigenous
communities, other local communities and retired government officers (including
military and police personnel). The types of land issues are ranging from land
grabbing (including customary lands), individual land conflicts to execution of
court‟s decision over land cases.
15.
The People‟s Consultative Assembly (Majelis Permusyawaratan Rakyat or MPR)
acknowledge massive and systematic agrarian and natural resources conflicts
throughout the country and recommend relevant policy and law reform and
Komnas HAM-52nd Session of ICESCR – April 2014, page 5